The Parochial Church Council sought a faculty for the re-use of burial areas in a churchyard, proposing the burial of coffins and not just ashes. The chancellor found that all due processes had been followed including the required publicity and that the churchyard was still open for burials, although there was currently only space for burial in existing graves. The petition was opposed by one member of the congregation. He advanced 12 objections to the proposals including arguments that: the application should await reconsideration by a new incumbent as the current vicar was about to retire; an area had recently been set aside for burial of ashes; the affected graves were all more than a hundred years old and the dead could not complain themselves; a neighbouring field owned by the Diocesan Board of Finance (DBF) could be used instead; mowing the grass would be made more difficult. The chancellor found that the objections were either irrelevant or did not advance the objector's case. In addition, he noted that the lease of the neighbouring field raised income for the DBF which should not be lost if churchyard space was available for burials. The faculty was granted.

The chancellor also ordered that, as the objections raised were all without foundation, irrelevant or unsupported by the evidence and that the objector had declined the offer of a determination by written representations, he should bear the majority of the costs of the hearing. Although it was his right to have a hearing in open court it was not his right to require others to pay for it. The costs were limited to the lowest end of the statutory range, recognising that the hearing was conducted reasonably and took only half a day. [Catherine Shelley]